Alvarez Voted Despite Caveat

Orange Councilman Michael Alvarez said he disregarded the city attorney’s warning and voted several times on a walkway in the Old Towne area, denying that he has a conflict of interest because he owns nearby properties.

At issue is Alvarez’s vote approving a joint request by a property owner and the city regarding a walkway at the city’s historic circle.

Nearby are an apartment complex and a commercial building both owned by Alvarez, who is in the commercial real estate business.

“I recommended that Councilman Alvarez not vote on the easement since he has properties within 500 feet,” City Atty. David A. De Berry said in a memo dated June 20 to City Manager David L. Rudat and the council. “However, he believes that the decision will have no financial impact on his property interests and has decided to participate.”

Alvarez said he made no secret of owning property near the easement and said he made a point of asking the city attorney for an opinion.

The City Council did not ask Alvarez to recuse himself, even though the memo was handed out to all members.

Alvarez said Thursday that the walkway is not for the public’s benefit but for a nearby merchant. “Therefore, we felt there was no conflict,” he said, adding that a second legal opinion he had sought concluded there was no conflict.

Residents had complained about a locked gate barring public access from the plaza to a parking lot behind the Santa Fe Depot. The city negotiated with the property owner, who will leave the walkway unlocked, and in return the city will make improvements to the walkway.

In the memo, DeBerry said his recommendation did not constitute a finding of a conflict of interest, only that Alvarez’s participation in the vote could be challenged in court.